Madras High CourtCRL OP(MD)/2089/2024allowed

Murjeeth @ Mohamed Murshith v. The Inspector Of Police

2024-03-19Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP and Crl.M.P.(MD).No.1584 of 2024 Murjeeth @ Mohamed Murshith ... Petitioner/Accused No.2 Vs.

1.The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

(In Crime No.13 of 2018) ...1st Respondent/Complainant 2.Sastha Pandi ...2nd Respondent/de-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case registered in impugned First Information Report in Crime No.13 of 2018 on the file of the first Respondent Police and quash the same against this Petitioner alone as illegal.

For Petitioner : Mr.B.Arun For R-1 : Mr.M.Veeranthiran Government Advocate (Criminal Side) 1/4

ORDER

When the matter came up for hearing, the learned Government Advocate (Criminal Side), submitted that this Court had directed the Respondent Police not to file final report till the criminal original petition is disposed of.

2. FIR in Crime No.13 of 2018 dated 14.01.2018 was registered for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC. For the offences under Section 324 IPC, maximum period of sentence is 3 years, for offence under Section 147 IPC, the period of sentence is 1 year, for the offence under Section 148 IPC, the period of sentence is 3 years. For the offence under Section 506(2) IPC, if it involves injury, endangering the life of the victim, the period of sentence is of 7 years. Here in this case, the medical report of the injured victim has not been filed before the learned Judicial Magistrate concerned till date, as per the remarks offered by the learned Judicial Magistrate No.I, Ramanathapuram in D.No:363/2024 dated 26.02.2024

3. Considering the fact that the medical report had not been made available, even if the investigation is completed, it will not serve any purpose, as it is beyond the period of limitation. In those circumstances, FIR in Crime 2/4

No.13 of 2018 dated 14.01.2018 pending on the file of the Bazaar Police Station, Ramanathapuram is hereby quashed, insofar as the Petitioner is concerned.

4. In view of the above, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 19.03.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 19.03.2024 4/4